Dilip Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29675 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- PATAHI District- East Champaran ====================================================== Dilip Kumar Thakur S/o- Jitan Thakur Vill- Akhta, P.S. Suppi, Dist. Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Patahi P.S. case No. 29 of 2024 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per the F.I.R., it is alleged that co-accused Rahul Kumar in connivance with this petitioner has committed loot of businessman. On the basis of confessional statements, arms and ammunitions were recovered from the house of one Ajay Mahto whereas cash amounting to Rs. 4,000/- and a mobile phone was recovered from this petitioner.

Patna High Court CR. MISC. No.29675 of 2024(2) dt.22-04-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in this case on the basis of confessional statement of the co-accused Rahul Kumar @ Raushan Kumar. No any incriminating article has been recovered from the conscious possession of the petitioner. The recovery of arms and ammunitions has been attributed to the coaccused Rahul Kumar. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.02.2024 and has one criminal antecedent but he is on bail in that case. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, no recovery of arms from possession of this petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.29675 of 2024(2) dt.22-04-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Patahi P.S. case No. 29 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T